Montana USLegal Pamphlet on How to Answer a Complaint

State:
Multi-State
Control #:
US-PMPH-13
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.

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  • Preview USLegal Pamphlet on How to Answer a Complaint
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FAQ

In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

Alternative dispute resolution (ADR): Methods of resolving disputes out of court, including mediation and arbitration. answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition).

Types of Responses Answer. An Answer is the most common way to respond to a lawsuit. ... General Denial. A General Denial is a simple response to a lawsuit. ... Demurrer. ... Motion to Quash Service of Summons. ... Motion to Strike. ... Motion to Change Venue or Transfer. ... Cross-Complaints. ... For More Information.

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

REPLY TO COUNTERCLAIM. The reply must contain a denial of any or all of the material facts stated in the counterclaim that the plaintiff believes to be untrue and also a statement, in plain or direct manner, of any other facts constituting a defense to the counterclaim. Any matter not denied shall be deemed admitted.

An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.

Most Defendants file an Answer to the Complaint. If the Plaintiff did not follow the rules when serving you with the Complaint, the Complaint is missing certain information, or the Complaint shows that the Plaintiff cannot win, it may be possible to file a Motion to Dismiss the Complaint instead.

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C).

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Montana USLegal Pamphlet on How to Answer a Complaint